MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 December 1999                  
	DOCKET NUMBER:    AR1999031439

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, be corrected to show his current name and to add in the Remark section of that form that he served in Company C, 422d Infantry Regiment, 106th Infantry Division during WWII.  The applicant states that he submitted a court order changing his name, but that court order was not received by the staff of the Board.

APPLICANT STATES:  These corrections are necessary to accurately reflect his wartime service in WWII.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted on active duty on 10 November 1944 and was awarded the military occupational specialty of rifleman.

While in Europe during WWII, he was assigned to Company C, 422nd Infantry Regiment on 11 April 1945 and was reassigned to Headquarters Company, 422nd Infantry Regiment on 4 August 1945.  He was reassigned to Company A, Armored Infantry Regiment on 4 September 1945, then to Service Company, 4th Tank Battalion on 24 September 1945, then to Troop E, 72nd Constabulary Squadron on 1 May 1946, and finally to Headquarters Troop, 72nd Constabulary Squadron on 22 July 1946.

He had been promoted from private to private first class and then to tec 5, but was reduced back to private on 6 May 1946.  He was promoted back to private first class and was honorably discharged on 13 August 1946.  The WD AGO Form 53-55 shows his organization as 72nd Constabulary Squadron.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

2.  In the absence of a showing of material error or injustice, those records should not be changed.

3.  In the applicant's case it appears that the records reflect the correct name and sex under which military service was performed (it is assumed that he changed his name by court order subsequent to his discharge).

4.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
5.  As for his request for an entry to be added to the remarks section of his WD AGO Form 53-55 which would show a combat unit to which he was assigned for less than 4 months, there are no provisions to make such an entry.  The unit to which he was assigned when he was discharged is properly reflected on his WD AGO Form 53-55, which is not disputed by the applicant.  There are no provisions to reflect other units of assignment on that form.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_gdp_____  _clg____  _cjp_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999031439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.	110.00	
3.		
4.		
5.		
6.